Just received a collection settlement letter for a repo balance on a harley from 2009. Past state expiration and has fallen off my credit report last year some time. How should I respond ? Only proof i have is an older credit report from last year with the info on it. Also the last name is not spelled correct.
The letter should state that although they cannot sue you beyond the SOL, they can still attempt to collect the debt from you. If it does not have that language, then you very will may have a good claim for an FDCPA and/or FCCPA violation.
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You're best bet is to either ignore it or send a cease and desist letter. That you say it was on your credit as of last year may also be of concern.
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I agree with Eugene. Sounds like you have a solid FCCPA claim. Contact a local lawyer -- if successful, you may be entitled to up to $1000.00 in statutory damages. My firm, and most lawyers who practice in this area, will take these cases on a contingency fee or statutory fee only basis-- leaving you with most or all of the damages you are awarded/settle for.
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